Letter Petition Urges Supreme Court To Take Suo Motu Cognizance Of Alleged Police Brutality Against CJP Protesters

Filed by Advocate Hitendra D. Gandhi, the representation alleges that protesters suffered serious head, facial and bodily injuries during the police action. It further claims that women and girls were assaulted and manhandled, including by male police personnel, and alleges violations of the safeguards laid down by the Supreme Court in D.K. Basu v. State of West Bengal governing arrests and detentions.

The petitioner contends that the incident requires urgent judicial intervention because crucial electronic and medical evidence may be lost if not preserved immediately. It seeks directions for preservation of CCTV footage, body camera recordings, police communication logs, hospital records and other material relating to the events of July 20.

According to the representation, protesters had gathered in Delhi to raise concerns over examination failures, alleged paper leaks, unemployment and accountability in public institutions. It alleges that instead of facilitating a peaceful assembly, authorities resorted to baton charges, tear gas and widespread detentions at multiple locations across central Delhi, including Parliament Street, Jantar Mantar, Mandi House, Janpath and Patel Chowk.

The petition also raises allegations concerning the treatment of women protesters. Referring to media reports and eyewitness accounts, it alleges that male police personnel assaulted women during the operation and urges the Court to examine whether statutory protections under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Delhi Police Standing Orders governing the arrest and handling of women were violated.

The representation further alleges that over 170 injured persons were brought to central government hospitals, with several reportedly sustaining head and facial injuries. It calls for the constitution of an independent medical board to examine those with serious injuries, preserve medical records and supervise treatment of critically injured patients.

On the issue of detentions, the petitioner contends that many protesters were taken into custody without transparent documentation regarding the nature of their detention. It alleges possible non-compliance with the safeguards prescribed in D.K. Basu and the BNSS, including preparation of arrest memos, family intimation, medical examination and access to legal counsel.

The letter petition relies upon Supreme Court precedents, including In Re: Ramlila Maidan Incident, Anita Thakur and Mazdoor Kisan Shakti Sangathan, to contend that while the State may regulate public assemblies, the use of excessive force against protesters remains subject to constitutional scrutiny.

Among the principal reliefs sought are registration of the representation as a suo motu writ petition under Article 32, preservation of all electronic and medical evidence within 24 hours, disclosure of details of all detained persons, constitution of an independent Judicial Commission or Special Investigation Team headed by a former Supreme Court or High Court judge, a separate inquiry into allegations involving women and minors, registration of criminal cases where cognisable offences are disclosed, and interim compensation for persons allegedly injured or unlawfully detained.